Legal Question in Wills and Trusts in Maryland

How can my father change his executor? the executor had her son draft the will and her brother and sister in law witness, he feels they took advantage of him. They have been taking his property and he suspects they will try to take his property. They have a history of doing this to other relatives. How can he change his executor?


Asked on 1/03/11, 6:15 pm

1 Answer from Attorneys

Phillip M. Cook Cook Legal Services, LLC

Your father will need to execute a "codicil" to his will. A codicil is simply a fancy way of saying that he needs to amend his will. A codicil is a separate document from the will and must be witnessed as if you were signing a will. Obviously, this time, you will not use the executor or the brother and sister in law as witnesses.

Here's the best advice I can give you -- have your father hire an estate and trusts attorney to draft a codicil to the will. It will be done correctly the first time and shouldn't cost very much money. Your father should also use the opportunity to discuss other beneficial estate planning ideas the estate attorney may have. This will be money well spent.

Best of luck.******The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 1/08/11, 9:23 pm


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